Medical Negligence Archives

Delay in diagnosis of Giant Cell Arteritis

Posted on 15 April 202018 May 2025 by Sarah O'Sullivan

Losing your vision, either partially or entirely, can be deeply distressing. It can limit your independence, affect your mobility, and make it challenging to maintain employment. Depending on the extent of your sight loss, adjusting to this new reality may involve significant lifestyle changes and expenses.

If your vision loss was caused by medical negligence, you have up to three years from the incident to bring a claim. At Tees, our experienced medical negligence solicitors can guide you through the process.

With prompt diagnosis and treatment, Giant Cell Arteritis (GCA) is a manageable and often curable condition. However, untreated GCA can lead to serious complications, including irreversible vision loss.

Sarah Stocker, a solicitor specialising in GCA claims at Tees, explains the symptoms, causes, diagnosis, and treatment of this often-overlooked condition.

What is Giant Cell Arteritis (Temporal Arteritis)?

Giant Cell Arteritis (GCA) is the most common form of vasculitis in adults, primarily affecting those over the age of 50. The name refers to the large or “giant” cells that can be seen when inflamed arteries are examined under a microscope.

GCA mainly affects the arteries in the temples but can impact other arteries throughout the body.

Symptoms of Giant Cell Arteritis

The symptoms of GCA can vary depending on which arteries are affected. Common symptoms include:

Severe, recurring headaches
Tenderness over the temples
Scalp sensitivity, especially when brushing hair
Jaw pain while eating or talking
Vision disturbances such as double vision or loss of vision in one or both eyes

Other general symptoms include:

Fatigue and weakness
Fever
Unintended weight loss
Shoulder, hip, and neck pain
Depression

If you experience any of these symptoms, particularly sudden vision loss, seek medical attention immediately.

Causes of Giant Cell Arteritis

The exact cause of GCA remains unknown, and there are no well-established risk factors. However, it is most commonly seen in individuals over the age of 50 and may be linked to the immune system mistakenly attacking healthy blood vessels.

Diagnosing Giant Cell Arteritis

A diagnosis of GCA usually involves:

Physical examination: A doctor will check for tenderness over the temples and may identify a weakened pulse in the arteries.
Blood tests: Inflammation markers like Erythrocyte Sedimentation Rate (ESR) or C-reactive protein (CRP) may indicate GCA.
Ophthalmologist referral: An eye specialist may conduct a thorough examination to check for optic nerve damage.
Ultrasound or biopsy: A temporal artery biopsy may be performed to confirm the presence of giant cells.

Prompt diagnosis is essential to prevent permanent vision loss.

Treatment for Giant Cell Arteritis

Steroid Medication, typically prednisolone, is the primary treatment for GCA. Due to the risk of vision loss, treatment often starts before test results are confirmed.

Initial High-Dose Steroids: Administered for several weeks to control symptoms.
Long-Term Management: The dosage is gradually reduced, sometimes over several years.
Ongoing Monitoring: Some individuals may require lifelong maintenance treatment.

Prognosis for Giant Cell Arteritis

With early diagnosis and appropriate treatment, the outlook for GCA is generally positive. However, if vision loss has occurred, it is usually irreversible.

Most complications arise from the long-term use of steroids, rather than the condition itself.

How We Can Help

At Tees, our medical negligence solicitors are dedicated to supporting you through every step of your claim. We will listen to your story, assess your case, and provide clear, honest advice on your options. Our goal is to secure the best possible outcome for you.

Six-figure settlement for delayed diagnosis of breast cancer claim

Posted on 24 April 201918 May 2025 by Sarah O'Sullivan

Tees has successfully settled a delayed diagnosis of breast cancer claim against Addenbrooke’s Hospital in Cambridge for a six-figure sum. The case involved Claire Radcliffe, who faced a devastating delay in receiving a correct diagnosis, significantly impacting her treatment and prognosis.

Initial misdiagnosis and delayed treatment

In 2012, at the age of 22, Claire Radcliffe discovered a breast lump. Living in Cambridge, she was referred by her GP to Addenbrooke’s Hospital. Unfortunately, her ultrasound scan was misreported, diagnosing a benign 10mm lump. Claire was reassured and subsequently discharged.

In April 2014, Claire experienced concerning symptoms, including fatigue and a newly inverted nipple. After another referral to Addenbrooke’s, she was diagnosed with a 10cm invasive cancer that had spread to her lymph nodes. She underwent radiotherapy, chemotherapy, a double mastectomy, and immediate reconstruction, followed by hormone treatment.

The impact of a delayed diagnosis

Had Claire been correctly diagnosed in 2012, the cancer could have been treated with a less invasive procedure, removing only the lump. A timely diagnosis would have prevented the need for extensive surgery, chemotherapy, and radiotherapy. Claire’s likelihood of a complete cure at that point was approximately 95%.

The 17-month delay, however, has significantly increased her risk of recurrence. Despite her resilience, Claire now faces ongoing uncertainty regarding her health and the potential for future treatment.

Legal action and settlement

Following a four-year legal battle against Addenbrooke’s, Tees successfully secured a six-figure settlement for Claire. Importantly, if her cancer recurs, Claire will have the right to pursue further compensation. The settlement also provides financial security for her and her family, particularly as Claire hopes to have children in the future.

Raising awareness: The importance of breast checks

Now 29 years old, Claire lives in Newmarket with her long-term partner, Timothy. After returning from a round-the-world trip, she is passionate about sharing her story to encourage other young women to prioritise their health.

Claire emphasises the importance of regular breast checks and trusting personal instincts:

“I was very young, just 22, when I developed cancer. It’s really important that women in their 20s realise that just because you’re young it doesn’t mean that you can’t get breast cancer.” “If you find any changes, seek help straight away. Trust your gut instinct. You know your own body – if something feels wrong, don’t hesitate to challenge your doctors.”

Legal perspective

Janine Collier, Claire’s lawyer at Tees, praised Claire’s courage:

“Claire is an incredibly brave young woman. It has been a privilege to help her seek justice and secure a fair financial settlement for the significant impact of her delayed diagnosis.”

Collier further commented on the case:

“The Trust Protocol limited the investigations due to Claire’s young age, relying solely on a physical examination and ultrasound scan. The scan was misreported, leading to the failure to perform a biopsy. The Trust has admitted that a biopsy would have identified the cancer earlier. They have apologized for this error and reviewed the case to prevent similar mistakes in the future.”

Looking forward

While the NHS continues to provide essential care, Claire’s case highlights the importance of vigilance in diagnostic processes. Medical professionals are encouraged to learn from these incidents to ensure better outcomes for patients.

To learn more about Claire’s journey, visit the BBC website where her story is featured.

Coroner calls for changes after suicide verdict in Matthew Arkle inquest

Posted on 2 November 201818 May 2025 by Sarah O'Sullivan

A coroner’s inquest has concluded with a verdict of suicide in the case of Matthew Arkle, 37, who died in April 2017 at Wedgwood House in Bury St Edmunds. The mental health unit is operated by Norfolk & Suffolk NHS Foundation Trust.

Family’s concerns and missed warnings

Matthew was admitted to Wedgwood House in February 2017 after an overdose. His family and care coordinator reported a decline in his mental health, with worsening auditory hallucinations and increased smoking, which impacted his medication’s effectiveness.

Despite concerns expressed by his family and care coordinator, Matthew was granted an hour of unescorted leave on April 4th. His family had explicitly requested that he not be allowed unsupervised leave as they were away in London and feared he might feel abandoned. However, the inquest revealed that the nurse who approved the leave was unaware of these concerns.

Tragic discovery

When Matthew failed to return from his leave, the police were alerted. His mother was informed only after his absence had been reported. By the following day, the police upgraded his risk level to high. Tragically, on the morning of April 6th, Matthew’s body was discovered within the grounds of Wedgwood House, near the car park.

Questions remain unanswered

Tim Deeming, a Partner at Tees Law, represented Matthew’s family during the inquest. He highlighted the family’s concerns regarding several unanswered questions and systemic failures at the hospital.

“The Court heard about repeated failures, including poor record-keeping, inadequate communication, and the disregard of the family’s explicit requests. Matthew’s care coordinator, who had known him for years, had warned that his mood was at its lowest. Yet this vital information was not acted upon,” Deeming said.

He further criticised the hospital’s delayed response, noting that earlier police involvement may have increased the chances of finding Matthew alive.

Family’s heartfelt response

Matthew’s mother, Sheila, expressed her grief:

“We thought Matty was safe because he was in the hospital. He was let down by those entrusted with his care. If changes are made to prevent another family from going through this pain, Matty’s life will have left a legacy.”

Coroner’s recommendations

The coroner will submit a Prevention of Future Deaths report to ensure lessons are learned. The jury highlighted the following critical failures:

Inadequate record-keeping
Poor verbal and written communication
High stress levels and activity on the ward
Delayed response to Matthew’s disappearance
Inappropriate timing of his unescorted leave

Support and contact

Matthew’s family has requested privacy and asked that all media inquiries be directed to Tim Deeming at Tees Law: tim.deeming@teeslaw.com.

For free, confidential support regarding medical negligence, please reach out to legal or mental health professionals.

Delayed sepsis diagnosis in children: A Portsmouth family’s heartbreaking experience

Posted on 16 October 201818 May 2025 by Sarah O'Sullivan

The dangers of delayed sepsis diagnosis and treatment in children were tragically highlighted in the case of 19-month-old Lilly Reynolds from Portsmouth. In November 2017, Lilly’s family endured a harrowing three-day ordeal as her condition worsened, leading to a critical sepsis diagnosis that could have been prevented with earlier intervention.

The early signs and missed opportunities

Lilly, a previously healthy child with no history of medical issues, first developed a fever and showed signs of erratic breathing and low fluid intake. Her parents sought medical advice by calling 111 on November 4, 2017. The advice given was to visit an out-of-hours surgery, where a GP diagnosed a mild upper respiratory tract infection. Lilly was prescribed paracetamol and ibuprofen, with instructions to seek further medical help if her condition deteriorated.

Though there was slight improvement initially, Lilly’s condition quickly worsened by the following day. She developed a rash on her face, torso, and behind her ears, became lethargic, refused fluids, and had dry nappies. Concerned, her parents took her to the St Mary’s Hospital Walk-in Centre, where she was diagnosed with tonsillitis and prescribed antibiotics. The doctor, however, also consulted Portsmouth’s Queen Alexandra Hospital (QAH), where Lilly was advised to attend for further examination.

At QAH, a consultant ruled out the need for antibiotics, believing the infection was viral. Lilly was discharged later that evening with an open-access 72-hour follow-up, just in case her condition worsened.

The deterioration of Lilly’s condition

Unfortunately, within 24 hours, Lilly’s condition significantly deteriorated. Her parents returned to QAH, where after an initial examination, Lilly was left unattended in her pushchair for several hours. Despite her visible distress, there was little communication from the medical team. At around 2 a.m., a doctor administered a throat spray in an attempt to ease her discomfort, but shortly thereafter, Lilly was sent home with no clear diagnosis.

By midday, Lilly’s condition had worsened further. Her lips turned blue, and her oxygen levels dropped. This prompted a rapid intervention, and Lilly was rushed to the resuscitation room. Broad-spectrum antibiotics were administered, and an x-ray revealed pneumonia and a large buildup of fluid in her lungs. The specialist at Southampton General Hospital (SGH) advised immediate transfer.

A life-threatening situation

Upon arriving at SGH, Lilly’s condition was dire. Her parents were informed that Lilly may lose her leg due to the arterial line placed during her transfer, which had impaired blood flow to her foot. Lilly was later diagnosed with sepsis and pneumonia, and 650ml of fluid was drained from her lungs. The medical team acted swiftly to save her life.

The long-term impact

Though Lilly survived the ordeal, she has been left with lasting health concerns. Her mother, Danielle Barter, expressed the family’s distress: “The whole experience was extremely frightening, and we wouldn’t want any parents to go through what we did. Thankfully, Lilly has recovered from pneumonia and sepsis, but the prognosis for her foot and leg remains uncertain.”

The importance of early sepsis diagnosis

Lilly’s case underscores the importance of early diagnosis and treatment for sepsis. Sepsis, a life-threatening condition caused by infection, is responsible for more deaths in the UK than breast, bowel, and prostate cancer combined. Experts, including Janine Collier, Executive Partner and Head of the Medical Negligence Department at Tees, emphasise the importance of adhering to guidelines issued by the Sepsis Trust and NICE to help healthcare professionals recognise the signs of sepsis early and initiate the correct treatment.

Janine Collier added: “Sepsis is a medical emergency, and early recognition can make all the difference in preventing long-term complications or even death. We will be closely reviewing the facts of Lilly’s case to determine if her treatment was delayed unnecessarily.”

This case serves as a stark reminder of the potential consequences of failing to act on early signs of sepsis, especially in vulnerable children. Early intervention not only saves lives but also maximises the chances of a full recovery without lasting complications.

One year old Scarlett loses foot and fingertip to sepsis: A mother’s story

Posted on 13 September 201818 May 2025 by Sarah O'Sullivan

In March 2018, Natalie Atkins’ one-year-old daughter, Scarlett, fell seriously ill after showing signs of sepsis. Despite seeking medical help, Scarlett’s condition worsened, ultimately leading to the amputation of her left foot and the tip of one of her fingers. Natalie shares her harrowing experience and highlights the critical importance of recognising sepsis in young children.

Scarlett’s symptoms: A rapidly worsening condition

On March 18, 2018, Natalie noticed Scarlett’s alarming symptoms: a high fever, persistent cough, and a red pin-prick rash spreading across her chest, tummy, and back. Scarlett’s feet were bluish-purple and mottled, and her hands and feet felt cold. She was unusually lethargic, disoriented, and refused to eat or drink. Worse still, Scarlett had not passed any urine.

Concerned, Natalie immediately called NHS 111 at 12:18 pm. They advised her to bring Scarlett to the hospital’s Urgent Care Centre within the hour. However, upon arrival, they faced a long wait to see a doctor, during which Scarlett’s condition rapidly deteriorated, making it difficult for her to breathe.

A misdiagnosis and growing concerns

Once seen by a doctor, Scarlett was diagnosed with a sore throat and a viral rash. The doctor suggested they return home and prescribed antibiotics, only advising use if Scarlett’s throat showed signs of infection. But after a restless night, with Scarlett vomiting twice, Natalie grew more concerned. The next morning, Scarlett’s condition had worsened, and she was floppy and disoriented.

After speaking with her GP, Natalie managed to secure an earlier appointment. However, Scarlett’s condition continued to decline. Her lips turned blue, and she struggled to breathe. In a state of panic, Natalie called her GP again, and Dr. Parry urged her to bring Scarlett in immediately.

Life-saving intervention: Sepsis diagnosis

Upon examining Scarlett, Dr. Parry quickly diagnosed septic shock — a life-threatening complication of sepsis characterised by dangerously low blood pressure. Scarlett was immediately transferred by ambulance to Lister Hospital, and from there, she was quickly transferred to Great Ormond Street Hospital. Doctors feared Scarlett might not survive the journey.

Intensive treatment and devastating loss

At Great Ormond Street, Scarlett received life-saving care, including multiple antibiotics, chest drains, and numerous X-rays. Unfortunately, the sepsis had caused severe damage, leading to the amputation of Scarlett’s left foot and the tip of one of her fingers. Scarlett also endured extensive scarring and skin grafts, with more surgeries likely in her future.

The long road to recovery

Before her illness, Scarlett was a typical one-year-old, beginning to walk, feed herself, and explore. However, her recovery has been slow. Doctors predict delays in her walking and potential growth issues in her legs.

Natalie’s message to parents is clear: Be aware of the symptoms of sepsis. If you suspect your child may be affected, call 999 immediately. Early diagnosis is crucial, as delay can lead to life-changing injuries or even death. “We were fortunate that Scarlett survived, but our lives have changed forever,” Natalie says.

Investigating medical negligence

Tees Law is currently investigating whether Natalie has grounds to pursue a claim for damages against the Urgent Care Centre at Queen Elizabeth II Hospital. Janine Collier, Executive Partner and Head of the Medical Negligence and Personal Injury Team at Tees, emphasised the importance of early sepsis diagnosis. “In the UK, more people die from sepsis than from breast, bowel, and prostate cancers combined. Early recognition and treatment save lives and can prevent long-term complications. We will work closely with the family to review the facts of this case.”

Sepsis is a medical emergency, and understanding its symptoms can be the difference between life and death. Early intervention is key to reducing the risk of permanent damage.

Admission of liability for parents following death of 2 hour old baby in birth medical negligence case

Posted on 16 March 201828 March 2025 by Sarah O'Sullivan

Tees secured an admission of liability and a £15,000 settlement for Melissa, whose daughter Enid was born 13 weeks prematurely and sadly died soon after birth.

A tragic case of medical negligence

Melissa suffered a premature rupture of membranes (PROM) and was admitted to the hospital for observation and monitoring. Despite the severity of her condition, she was negligently transferred to a hospital unequipped to care for extremely pre-term babies. Tragically, Enid passed away from complications that could have been avoided if she had been treated in a specialist unit.

What happened to Melissa and Enid?

At 25 weeks pregnant, Melissa experienced a small vaginal bleed and PROM, a critical pregnancy complication that can lead to premature birth or infection. Concerned for her baby’s health, she went to the hospital and was admitted to a specialist maternity hospital with a neonatal unit equipped to care for babies born at or before 28 weeks’ gestation.

She was under the care of consultants and midwives for several days. On at least one occasion, she experienced pre-term labour, reaching 5cm dilation. Despite concerns of infection, Melissa was given antibiotics and continued to be monitored.

Inappropriate transfer and devastating consequences

Melissa was later transferred by ambulance to a hospital closer to her home. However, this hospital lacked the necessary facilities to care for babies born before 28 weeks. Upon arrival, her cervix was fully dilated, and Enid was in a difficult position. An emergency caesarean section was performed.

Enid required breathing support and was placed in the Special Care Baby Unit. Unfortunately, her breathing tube became dislodged. Despite six unsuccessful attempts to re-intubate her, Enid died at just two hours old.

Seeking justice with Tees

Devastated and seeking answers, Melissa contacted Tees to explore a medical negligence claim. We acted on her behalf under a “No Win, No Fee” agreement. Our legal team thoroughly reviewed her medical records and instructed specialists in maternity care to provide expert evidence.

Melissa claimed that her transfer to the unequipped hospital was negligent. The hospital later admitted that the decision was inappropriate and that, had Enid been born in the specialist unit, doctors likely would have successfully replaced her breathing tube, saving her life.

The case settled for £15,000, reflecting the short duration of Enid’s life. For Melissa, the settlement brought closure and acknowledgement of the failings in her care.

Support for parents after a stillbirth or neonatal death

Losing a baby is a devastating experience. Parents often feel isolated, guilty, and overwhelmed by grief. If you have suffered a traumatic birth or lost a child, Tees is here to help.

Our specialist midwifery and obstetric negligence solicitor, Gwyneth Munjoma, has extensive experience in cases involving psychological trauma and neonatal deaths. You can contact Gwyneth at our Chelmsford office on 01245 294274 or email her at gwyneth.munjoma@teeslaw.com to discuss your case.

Understanding Premature Rupture of Membranes (PROM)

Premature Rupture of Membranes (PROM) occurs when a mother’s waters break before 37 weeks of pregnancy. The baby is surrounded by amniotic fluid, which is contained within a protective sac. When the sac ruptures too early, it can lead to premature birth or infection.

Risks Associated with PROM

Preterm birth
Infection in the mother’s womb (chorioamnionitis)
Respiratory distress syndrome in the baby
Umbilical cord complications

Prompt diagnosis and monitoring are essential to manage PROM effectively and ensure the best possible outcome for both mother and baby.

If you have any concerns about your care during pregnancy or after birth, our expert team at Tees is here to listen and advise.

Client names have been changed to protect their privacy.

Life changing settlement for wrongful birth case after negligence during antenatal screening

Posted on 16 March 201818 May 2025 by Sarah O'Sullivan

Tees secured a life-changing settlement for the family of a boy born with Down’s syndrome, where doctors had negligently failed to detect Down’s syndrome during routine antenatal tests.

Negligence during antenatal screening

Aiden* was born with severe Down’s syndrome, experiencing developmental delays, profound learning disabilities, and requiring life-long care. His parents, Paula and Tim*, gave up their careers to care for him and faced significant mental health challenges.

A promising future turned upside down

Before Aiden’s birth, Paula and Tim had successful careers—Paula ran her own business, and Tim was a vice president of a company. They were excited to start their family and eagerly anticipated their child’s arrival.

The importance of antenatal screening

Antenatal screening is a routine part of pregnancy, designed to detect serious conditions like Down’s syndrome. The purpose is to provide parents with the information they need to make informed decisions. When an abnormality is detected or a high risk is identified, further tests like amniocentesis are recommended.

Critical errors in screening interpretation

In Paula’s case, her screening results were mistakenly interpreted as indicating a low risk of Down’s syndrome. In reality, her results showed a high risk, meaning she should have been offered amniocentesis. Tragically, Paula and Tim were falsely reassured that their baby was healthy.

Had the screening been correctly interpreted, Paula and Tim would have chosen further testing. Upon diagnosis, they would have made the incredibly difficult decision to terminate the pregnancy.

The devastating impact on the family

The shock of Aiden’s diagnosis at birth was overwhelming. Paula developed severe adjustment disorder and depression, while Tim struggled to manage both his demanding career and caring responsibilities. Eventually, both parents were forced to leave their jobs.

The emotional and financial strain on the family was immense. Paula and Tim lost the careers they were passionate about, while facing the lifelong challenges of raising a child with complex needs.

Tees’ commitment to justice

Paula and Tim approached Tees about a potential wrongful birth claim. Our experienced team pursued the case on a ‘No Win, No Fee’ basis. Despite the hospital’s initial denial of liability, Tees persisted, gathering evidence from medical experts and building a strong case.

Eventually, the hospital conceded its negligence. Interim payments were secured to cover the family’s immediate needs, including care for Aiden, accommodation, and specialist support.

Securing a life-changing settlement

Tees achieved a significant settlement that included compensation for Paula and Tim’s emotional suffering, loss of earnings, and the lifelong care Aiden requires. The settlement ensures financial stability and access to the best possible care and support.

Words from our legal team

“This was a particularly complex and sensitive case. The news of Aiden’s diagnosis was a devastating shock to his parents. While Aiden is deeply loved, the circumstances of his birth profoundly affected the family. The settlement provides for Aiden’s lifelong care and offers financial security to his parents. I am honored to have supported them through this challenging process.”

Support from wrongful birth claims solicitors

Wrongful birth claims are deeply distressing and can impact every aspect of a family’s life. At Tees, our compassionate legal team is here to help you navigate the process. If you are considering a claim, contact our specialist wrongful birth claims solicitors for free, confidential advice.

*Client names have been changed to protect their privacy.

£200,000 settlement for maternal birth injury case after mother suffered incontinence and depression

Posted on 16 March 201818 May 2025 by Sarah O'Sullivan

Tees secured a £200,000 settlement for Beatrice*, who endured life-altering injuries after the birth of her first child.

Background of the case

Beatrice was admitted to the hospital to deliver her daughter, Alanna*. During labour, Beatrice received an epidural for pain relief. However, Alanna was positioned abnormally, causing her shoulders to become stuck during delivery. As a result, Beatrice required an episiotomy (a surgical incision to widen the vaginal opening) and forceps to assist with the birth. Alanna, weighing over 4kg, was delivered with the help of a Registrar who repaired the episiotomy.

Symptoms and medical complications

Soon after Alanna’s birth, Beatrice experienced several distressing symptoms, including:

Incontinence – Difficulty controlling bowel movements and passing wind.
Fistula – Passing stool through the vagina, caused by a tear in the wall of muscles between the vagina and anus.
Passive Soiling – Struggled with cleaning up after using the toilet.

Several months later, Beatrice was diagnosed with a third-degree tear to her perineum (the area between the vagina and anus) and a significant injury to her sphincter (the muscle controlling bowel movements). Despite physiotherapy and biofeedback therapy, Beatrice’s symptoms persisted, leading to profound distress and depression.

Impact on Beatrice’s life

The impact of her injuries was severe: she could not return to work full-time, and her marriage broke down due to the emotional and physical toll.

Legal representation and outcome

Janine Collier, an Executive Partner and expert in obstetric anal sphincter injury (OASIS) claims, represented Beatrice on a “No Win, No Fee” basis.

Tees successfully proved that Beatrice’s care was substandard. The third-degree tear should have been identified immediately after delivery, but it was missed by the Registrar. Additionally, a primary repair should have been performed post-delivery, which would likely have prevented Beatrice’s long-term symptoms. Beatrice argued that proper treatment would have spared her from ongoing issues with bowel control and depression.

While the hospital initially admitted liability, this admission was later retracted, and the case proceeded toward trial. Ultimately, the hospital agreed to a £200,000 settlement.

Financial security and future treatment

This compensation provides Beatrice with some financial security, enabling her to fund future treatment and support her as a single mother who is unable to work full-time.

Janine Collier commented, “While many women suffer tears during childbirth, these injuries should usually be detected and repaired immediately. If missed, the consequences can be life-changing, leading to incontinence and depression. Sadly, as in Beatrice’s case, marital relationships can also break down due to these challenges. I’m proud to help these mothers rebuild their lives.”

Client testimonial

Beatrice expressed her gratitude, saying, “I cannot thank you and your team enough for all your work and commitment. I feel overwhelmed, but in the best possible way.”

Birth injury claims: Tears during delivery

If you experienced a perineal tear during delivery that wasn’t identified or repaired, leading to ongoing complications, contact Janine Collier, an expert in Obstetric Anal Sphincter Injury cases. For initial advice, call Janine at 01223 702303 or email janine.collier@teeslaw.com.

Client names have been changed for privacy.

Life changing settlement for boy born with cerebral palsy due to midwife negligence

Posted on 16 March 201818 May 2025 by Sarah O'Sullivan

Tees secured a life-changing settlement for the family of a boy who suffers from cerebral palsy as a result of medical negligence during his birth. This case highlights significant failings, particularly a lack of communication and information sharing within the NHS, which was pointed out in the recent HSIB Maternity Investigation Report.

Miles’ story: The impact of medical negligence

Miles was born with severe cerebral palsy due to a lack of oxygen during his birth. He suffers from quadriparesis (muscle weakness in all four limbs) and relies on a specialised wheelchair. Additionally, he has a severe learning disability and experiences seizures related to his condition.

Tees successfully proved that Miles’ birth injury was the result of medical negligence. Key errors by the medical team included:

Improperly set up monitoring equipment
Failure to monitor Miles’ heart rate during labour
Failure to recognise signs of distress
Delayed caesarean section

These mistakes led to brain damage and neurological disabilities, resulting in oxygen deprivation (asphyxia) at birth, a condition that can cause lasting brain injuries, and in severe cases, stillbirth or death.

Tees secured a substantial settlement on behalf of Miles and his family, offering closure about what transpired during his birth. The settlement provides Miles with the resources necessary to improve his quality of life. The family has since moved into a specially adapted home that meets Miles’ needs, and he now has access to essential care services, equipment, and therapies.

The birth story: A chain of failures

Sam’s pregnancy had been routine, and she was considered to have a low-risk pregnancy by her midwives. As the due date passed, she and her partner eagerly anticipated meeting their child. Confident in the proximity of the hospital, Sam chose a home birth.

However, as labour progressed, Sam became concerned about the irregular and intense contractions. She attempted to track them but struggled. Her partner called the hospital for advice, and a community midwife arrived at their home. At this point, Sam had been in labour for several hours, and her contractions were erratic. She had not felt the baby move since the early morning. The midwife recommended they go to the hospital for an evaluation. Trusting the midwife’s guidance, Sam agreed, and they made their way to the hospital.

Upon arrival, Sam felt a glimmer of hope when she felt the baby move. However, hospital staff seemed unaware of Sam’s situation, despite the midwife having called ahead. After being shown to a maternity room, Sam and her partner were left without any support as the midwife searched for necessary equipment. The delay lasted over an hour, with Sam in increasing pain and anxiety building.

When the monitoring equipment was finally found, it was discovered that it was improperly set up. The monitor had no straps to secure it, and the midwife attempted to make do by using disposable underwear to hold it in place. The equipment continued to slip off, and Sam later learned it had been set up incorrectly. This led to inaccurate information about Miles’ condition in the womb for a critical period.

After several hours of labor with no progress, a doctor recommended an immediate caesarean section. Unfortunately, the caesarean was delayed for nearly an hour, which led to oxygen deprivation during delivery. Miles was born covered in meconium and struggled to breathe, requiring intubation and immediate transfer to a special care unit. Sam was devastated, learning that Miles had only an 80% chance of survival. Fortunately, he survived, but the traumatic birth left him with lifelong challenges.

A family’s lifelong struggle

The traumatic birth has changed the family’s life permanently. Miles will require lifelong care, as he will never be able to live independently or work. Understanding the medical negligence involved, Sam sought legal advice from AvMA (Action Against Medical Accidents) and contacted Tees to pursue a claim.

Tees took on the case and successfully demonstrated that Sam’s care during labour was substandard. We proved that with appropriate care, Miles would have had a significantly better chance and, based on the evidence, would not have suffered cerebral palsy.

If you or a loved one has been affected by cerebral palsy due to medical negligence, contact Tees to learn how we can help with cerebral palsy claims.

Types and causes of common birth injuries in babies

Posted on 16 March 201818 May 2025 by Sarah O'Sullivan

Birth injuries in babies are devastating and can have lifelong effects. Parents often seek answers and support when faced with such circumstances. This guide explores the causes of common birth injuries and provides insights into medical negligence claims.

Why choose our legal specialists?

Our experienced clinical negligence lawyers are here to guide you through the claims process, from your initial consultation to financial settlement. Contact us for a free, no-obligation conversation.

Understanding birth injuries

A birth injury occurs when a baby is harmed before, during, or just after delivery. While some injuries are unavoidable, others result from medical negligence. Examples include:

Brain injuries: Caused by oxygen deprivation (anoxia or hypoxia) or physical trauma.
Shoulder dystocia complications: Leading to nerve damage like Erb’s palsy.
Obstetric brachial plexus Injury: Resulting in loss of arm movement and sensation.
Broken bones: Often due to improper use of instruments.
Stillbirth and beonatal death: Tragically, some birth injuries result in the loss of a baby.

Causes of birth injuries Due to medical negligence

Medical negligence may include:

Failure to monitor the baby’s heart rate
Mismanagement of complications during labour
Delays in seeking specialist help
Incorrect use of delivery instruments

If you suspect negligence, we are here to listen and advise you.

Types of birth injuries

Brain injury at birth

Brain injuries are among the most severe birth injuries. Symptoms may include developmental delays, mobility issues, and cognitive impairment. Cerebral palsy is a common outcome of severe brain injury.

Causes:

Anoxia (complete oxygen deprivation)
Hypoxia (reduced oxygen supply)
Physical trauma during delivery
Maternal infections or untreated health conditions

Shoulder dystocia complications

Shoulder dystocia occurs when a baby’s shoulder gets stuck during delivery. It can lead to nerve damage, fractures, or hypoxia. Prompt medical intervention is critical.

Obstetric brachial plexus injury

This injury damages the nerves in the shoulder, leading to paralysis or weakness. Erb’s palsy is the most common form, often caused by shoulder dystocia.

Broken bones during delivery

Fractures may occur due to improper instrument use or excessive force during delivery. Babies with underlying bone conditions are at greater risk.

Stillbirth and neonatal death

In severe cases, birth injuries can lead to stillbirth or neonatal death. Possible causes include:

Placental abruption
Umbilical cord prolapse
Severe hypoxia
Birth trauma

How we can help

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Medical negligence leading to uterine rupture

Posted on 15 March 201818 May 2025 by Sarah O'Sullivan

Understanding the possible risks, symptoms and causes of uterine rupture can help mothers make informed decisions about their care.

How to claim compensation for uterine rupture

If you have experienced a uterine rupture that was not detected or adequately managed by your assigned healthcare providers, our skilled solicitors at Tees are available to assist you in seeking compensation. We’ll listen to your experience, and help you find out what happened during your care – you may be eligible for compensation.

Uterine rupture

Uterine ruptures are very rare, but they can have devastating consequences for parents and their children. Complications during pregnancy can lead to health problems for mother and baby. In extreme cases, they may even lead to the death of the mother and/or baby or both. Other complications as a result of a uterine rupture can have lifelong consequences, including brain damage and learning disabilities. The mother might be advised not to attempt to have children again, which can be deeply upsetting if she had planned a larger family.

Mothers who attempt a vaginal birth after caesarian (VBAC) but receive substandard care which causes a medical problem, may have a medical negligence claim. For example, if their care provider did not identify a suspected uterine rupture, or carry out an emergency caesarean section in a timely manner, there may be a claim for negligence.

What is uterine rupture?

Uterine rupture is a serious medical condition where the wall of the uterus (the womb) tears during pregnancy.

Uterine ruptures are very rare. They happen in approximately 2 out of every 10,000 pregnancies in the UK , so the chances of it happening are low.

However, when a uterine rupture occurs, it is very important that mother and baby receive the correct emergency medical care. The condition has potentially life-threatening consequences for mother and baby, including maternal haemorrhage (bleeding), severe brain injury and stillbirth.

What causes uterine rupture?

Uterine rupture is a risk during any pregnancy. However, some risk factors are linked to an increased chance of it happening.

Uterine rupture following a previous caesarean section

A rupture is more likely if there is scar tissue in the uterus. Scarring in the uterus can be caused by a caesarean section and some types of abdominal surgery. Most uterine ruptures occur in women who have had a previous caesarean section. The physical stress of pregnancy, the baby’s growth and contractions may cause the scar to rupture. This is because scar tissue is not as elastic as normal tissue and thus does not stretch as well as normal tissue and is much more likely to tear when stretched.

A delivery plan should be created and discussed where a woman has had a previous caesarean section (or has any other known factors that increase the risk of a uterine rupture). This should form part of the mother’s care during pregnancy. The plan should include the mode for baby’s delivery. A consultant will be involved and will discuss the plan with the mother at some point during her pregnancy, and the plan is reviewed as she gets closer to her due date. The woman should be given all the information so that she can make an informed choice.

Mothers who have had a previous caesarean section can still attempt a vaginal birth if they so wish. However, an emergency caesarean might be necessary if there are complications during labour. Mothers attempting a vaginal birth after caesarean (VBAC) should be closely monitored during labour. If there are any signs of uterine rupture, labour is usually abandoned and an emergency caesarean section carried out. Mothers with a previous uterine rupture or classical caesarean scar are at particular risk of suffering a uterine rupture. Her doctor or midwife should recommend an elective caesarean section and advise against attempting a vaginal delivery. This is because of the increased risk of suffering a uterine rupture.

Other potential causes of a uterine rupture

Uterine ruptures are very rare in a mother with an unscarred uterus, but this may happen for example where drugs used to induce labour overstimulate the uterus.

Traumatic injury to the uterus can also cause uterine rupture. Common causes of traumatic injury include car accidents, assault or difficult assisted delivery (such as a forceps delivery). If a rupture is caused by negligent actions of a doctor or midwife, the mother might have a medical negligence claim.

Other uterine rupture risk factors include:

if you have had five or more children
your baby is too big for your pelvis
if you have excess of amniotic fluid
in multiple births e.g. twins, triplets, quadruplets etc.

Risk of repeat uterine rupture

If you have had a uterine rupture before, you are particularly at risk of suffering another rupture if you become pregnant again. In this situation, your doctor will recommend a caesarean section, without attempting spontaneous (natural) labour and delivery. Your doctor or midwife should explain this to you during your pregnancy, as well as the relative risks and benefits to you and your baby.

Signs and symptoms of uterine rupture

Many of the symptoms of uterine rupture are ‘nonspecific’. Some of the symptoms of a uterine rupture could be associated with other medical conditions and it is important that care providers make a firm differential diagnosis.

In particular, midwives and doctors caring for mothers attempting VBAC are trained to recognise signs of uterine rupture and the steps to be taken. VBAC women are categorised as high risk and are continuously monitored once in labour.

Possible symptoms of uterine rupture include:

vaginal bleeding
a bulge underneath the pubic bone
significant pain in the lower abdomen
abdominal pain or soreness
painful from the scar area
pain between contractions
difficulty or failure to locate the baby’s heartbeat
drop in the baby’s heart rate
drop in the mother’s blood pressure
loss of uterine contractions, or if the labour fails to progress naturally.

This list is not exhaustive, and not every woman will experience all of the above symptoms. Seek medical attention immediately if you are concerned about your or your baby’s health during pregnancy. Your care providers should listen to you if you’re worried, and take you seriously. If you think your doctor or midwife did not listen during your pregnancy, you can contact your local Patient Advice and Liaison Service (PALS) for advice and support.

Early signs of uterine rupture during labour

Uterine ruptures can occur during labour, typically during the early stages of labour. One of the first signs of uterine rupture may be an abnormality in the baby’s heart rate. A change in the baby’s heart rate might indicate that the baby is in distress and needs urgent delivery. Your midwife or doctor should note the signs of foetal distress and take immediate action to deliver the baby.

Possible symptoms of uterine rupture on the mother’s side include an increased heart rate, drop in blood pressure or signs of maternal haemorrhage and pain uncharacteristic of contractions.

Risk of uterine rupture after a previous Caesarean section

If you have had two or more caesarean sections before, a senior obstetrician should advise you and agree a plan for delivery.

If you are considering a VBAC, your doctor should tell you about the risks and benefits of a planned VBAC compared to an elective repeat caesarean section (ERCS). Their recommendation should depend on your individual circumstances. In general, your doctor should make sure you understand the risks and guide you towards a feasible plan. General topics your doctor should cover include: risk of uterine rupture, possible risks to your own health and your baby’s health and the likelihood of a successful VBAC. Above all, your caregivers should ensure that you are comfortable with the plans for your delivery. When considering a potential VBAC or ERCS, your doctor should explain the risks, including :

a planned VBAC is linked to a 1 in 200 (0.5%) risk of suffering a uterine rupture
a planned ERCS is linked to a small increased risk of placenta praevia and/or placenta accreta in future pregnancies, and of pelvic adhesions
attempted VBAC which ends in an emergency caesarean delivery carries the greatest risk of complications for mother or baby.

Your doctor should explain that a planned VBAC should only take place in a suitably staffed and equipped delivery suite. The unit should have continuous intrapartum care and monitoring with resources available for immediate caesarean delivery and advanced neonatal resuscitation.

Caregivers should help mothers by providing information, explaining the risks and ensuring that the mother is happy with her delivery plan. Mothers should feel that their wishes are respected and that their doctors listen to them.

To help ensure your delivery experience goes as you wish, you might consider preparing questions for your consultant or midwife before your antenatal care appointments.

Uterine rupture terminology

Below is a useful glossary of terms which you might hear in connection with uterine rupture.

Where appropriate, these terms are explained specifically in the context of uterine rupture.

Placenta praevia: a condition where the placenta is positioned unusually low in the uterus, normally next to or covering the cervix
Placenta accreta: a serious medical condition where the placenta remains fully or partially attached to the wall of the uterus after the baby is born
Foetal distress: a term used to describe signs during labour which may indicate a problem with the baby’s well-being.

Disclaimer: All content is provided for general information only, and should not be treated as a substitute for the medical advice of your own doctor, any other health care professional or for the legal advice of your own lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any of the sites. Always consult your own GP if you’re in any way concerned about your health and your lawyer for legal advice.

Forceps delivery complications and possible negligence claims

Posted on 15 March 201818 May 2025 by Sarah O'Sullivan

Forceps are sometimes used to deliver a baby, usually if the mother becomes exhausted, the baby is distressed or is in an awkward position. Forceps are meant to expedite delivery, with minimal risk of trauma to mother and baby.

Tees Law provides expert legal advice for medical negligence claims. Please note: we can only work with people where the birth took place in England or Wales, UK.

Problems after forceps delivery

Forceps should only be used when medically necessary, and with the mother’s consent. Unfortunately, some forceps deliveries can cause serious and devastating injuries to mothers and their babies. It can be especially traumatic for mothers who did not plan a forceps delivery (even if no physical harm was caused to mother or baby).

Forceps delivery medical negligence claims

If you experienced a problem during or after a forceps delivery, you could have a claim for negligence if there was:

any significant injury to the baby
any physical or psychological injury to the mother
lack of adequate consent for the procedure

Risks of forceps delivery

Forceps deliveries can cause superficial, temporary birth injuries to the baby. The NHS states that risks of forceps deliveries include:

temporary marks on baby’s face
small cuts or bruises on baby’s face
a bruise on baby’s head (known as ‘cephalohaematoma’) which may increase the baby’s risk of developing jaundice.

The NHS advises that small injuries generally heal a few days after birth. In normal circumstances forceps shouldn’t have a long-term effects on the baby.

However, forceps deliveries can be distressing for parents and babies. It’s very natural for parents to be concerned if the baby has suffered scratches or bruises during delivery. The mother should be warned about the likely injuries from forceps before the baby is delivered or, if it’s an emergency delivery, shortly after.

Risk of serious birth injury due to forceps delivery

Serious birth injuries due to forceps deliveries are very rare. However, forceps can lead to long-term or permanent health issues for the mother and baby. The risk of complications during a forceps delivery may increase if the baby is very large, in a difficult position, the head is positioned relatively high up in the birth canal or the doctor has had no training or has no experience in their use.

Possible injuries as a result of a forceps delivery include:

bleeding (haemorrhage) inside baby’s skull, and/or skull fractures
damage to the baby’s facial nerves
swelling on baby’s head
trauma to the baby’s eyes
brain injury to the baby, such as cerebral palsy
physical injury to the mother (usually 3rd or 4th degree tears).

The risk of a serious birth injury during a forceps delivery is incredibly low, but it can happen. In very rare cases, the baby may suffer a permanent birth injury or die shortly after birth as a result of their injuries.

When and why are forceps used?

Forceps are a form of assisted delivery. Assisted deliveries are quite common in the UK (about 1 in every 8 births) and they’re most common when labour is particularly long, the baby is distressed and spontaneous delivery is likely to be slower.

Doctors might recommend a forceps delivery if:

the baby is showing signs of distress, such as a decreased or increased heart rate
the baby is in a difficult position to be delivered by the mother’s effort alone
the mother needs help delivering the baby, for example if she has been in labour a long time and has become too exhausted.

Doctors may recommend forceps if the baby needs to be born quickly – for example, if there is an immediate risk to the mother or baby’s life.

The use of forceps depends entirely on the individual case, and the wishes of the mother. Doctors may recommend forceps if the mother has planned a vaginal birth and needs assistance during the second stage of labour. The second stage of labour begins when the mother’s cervix is fully dilated. By the second stage of labour, the baby is normally at or below the mid-cavity of the mother’s pelvis. If the baby is sufficiently low down in the birth canal, forceps delivery may be less risky than an emergency caesarean section.

If the baby is very low down in the birth canal, an emergency caesarean section may not be the best mode of delivery as the baby would need to be pushed back up the birth canal in order to be delivered by caesarean section. Therefore, in some situations, forceps may be the safest mode of delivery. There is some risk to the mother/baby, but as all options carry some risk, the doctor will recommend the safest mode of delivery taking all the circumstances into account. Further, if the baby has progressed far down the birth canal enough for forceps to be a safe option, then they should advise you accordingly and seek your consent.

Doctors may recommend forceps to help minimise the risk of injury and help your baby to be born safely, in the right conditions. Forceps can help mothers who wish to have a vaginal birth avoid a caesarean section. Forceps are typically recommended if a caesarean section is considered too risky or if the baby will be delivered quicker than by caesarean section.

Different types of forceps and how they work

There are many different types of forceps, each designed for use in specific situations. Common types of forceps you might hear about include:

Outlet forceps (e.g. Wrigley’s forceps)

Wrigley’s forceps are smaller and gentler than other types of forceps. They are designed for use when the baby is very far down the birth canal, and is almost born. They’re typically used when baby’s head is already showing. You might also hear them referred to as ‘lift-out’ forceps.

Low/mid-cavity forceps (e.g. Neville Barnes forceps)

Mid-cavity forceps are slightly bigger than outlet forceps and are normally used when the baby is positioned a bit further up the birth canal.

Rotational forceps (e.g. Kielland’s forceps)

Kielland’s forceps are used where the baby’s head needs to be rotated into a position suitable for a safe vaginal delivery before delivery takes place. In the wrong hands, Kielland’s forceps are potentially dangerous medical instruments and can cause serious trauma to the mother and baby.

The Royal College of Obstetricians and Gynaecologists (RCOG) recommends that Kielland’s forceps be only used in theatre, with tested and effective local anaesthetic. They should only be used by doctors trained and experienced in their use. When used correctly, Kielland’s forceps can help to achieve a successful vaginal birth.

Consent to use of forceps

In some situations, a forceps delivery may be the safest option for mother and baby. Advice from the RCOG suggests that a caesarean section may not always be an alternative to an assisted delivery because of the risks involved. Second stage caesareans are very difficult procedures, which can lead to complications for mother and baby. They may also have an effect on future pregnancies. A caesarean section may not always be a viable alternative to a forceps delivery, and your caregivers should tell you about all the options available so that you can make an informed choice.

Doctors and midwives must obtain consent to a forceps delivery. The consent should be:

voluntary: the decision to consent to treatment should be entirely the patient’s own. So, you shouldn’t be pressured into a certain type of treatment by friends, family or medical staff.
informed: caregivers should tell you about the treatment and answer your questions. They should tell you about the risks, benefits and alternative treatments available. In the case of forceps, your doctor should also tell you about other procedures such as ventouse (vacuum extraction) and caesarean and the benefits and risks to you and your baby.
given with capacity: in order to consent to treatment, you must be able to understand the information your caregivers present you with. If a patient lacks capacity, caregivers are allowed to treat you without your consent if it’s in your best interests to do so.

Can I refuse to give consent for the use of forceps?

You have a choice about whether forceps are used to deliver your baby or not. Mothers may refuse to consent to any procedure they don’t want during their labour and delivery.

Before your doctor attempts a forceps delivery, they must fully explain the procedure to be carried out, its likely complications and the alternatives available. The doctor must also explain what will happen if the forceps delivery is unsuccessful (for example, an emergency caesarean section). The doctor must answer all your questions and address any concerns you may raise. However, it must be borne in mind that forceps deliveries usually take place as an emergency, in situations where you may be quite distressed and the doctor may need to deliver your baby quickly if the baby is in distress. Your birth partner may ask questions on your behalf.

If you wish to avoid a delivery by forceps, make sure your wishes are included on your birth plan and discuss it with the attending midwife beforehand. If you are worried, ask your doctor or midwife once you are in labour.

Consent forms aren’t normally signed for forceps deliveries. You will be asked to provide verbal consent to the procedure. However, if the doctor or midwife thinks a caesarean section may be necessary if the forceps delivery fails, you should be asked to sign a consent form.

If you had a forceps delivery, and think it might have caused a negligent injury to you or your baby, talk to our birth injury claims specialists. Please note, Tees Law is based in England, UK and we are only able to work with clients where the birth took place in England or Wales, UK.

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Understanding the possible risks, symptoms and causes of uterine rupture can help mothers make informed decisions about their care.

How to claim compensation for uterine rupture

Uterine rupture

What is uterine rupture?

What causes uterine rupture?

Uterine rupture following a previous caesarean section

Other potential causes of a uterine rupture

Tees secured an admission of liability and a £15,000 settlement for Melissa, whose daughter Enid was born 13 weeks prematurely and sadly died soon after birth.